FYLES v. SCHMIDT

No. 135-81.

449 A.2d 962 (1982)

Francis S. FYLES and Olga M. Fyles v. Charles SCHMIDT and Fire District No. 2.

Supreme Court of Vermont.

July 12, 1982.


Attorney(s) appearing for the Case

Cleveland, Unsworth, Bennett & Bailey, Shelburne, for plaintiffs-appellants.

Matthew I. Katz of Latham, Eastman, Schweyer & Tetzlaff, Burlington, for defendants-appellees.

Before BARNEY, C. J., and BILLINGS, HILL, UNDERWOOD and PECK, JJ.


BILLINGS, Justice.

The plaintiffs-appellants filed a complaint in the nature of a mandamus pursuant to V.R.C.P. 75 against the chairman of the Prudential Committee of Fire District No. 2, Shelburne, Vermont, requesting that the court order the defendants to assume the ownership and maintenance of a lateral sewer line from plaintiffs' residence to the defendants' sewer main. The trial court after a hearing denied the relief requested. Plaintiffs appeal.

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